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5. Partly by separate action by the senate, assembly and the
governor and partly by operation of the law (ex officio).
By the governor with the advice and consent of the senate.
7. Partly by the governor with the advice and consent of the
senate and partly by operation of law (ex officio).
By the governor alone.


9. Partly by the governor and partly by law (ex officio).

10. Partly by the governor and the mayor of the City of New York and partly by the operation of law (ex officio).

11. Partly by the governor, the state board of charities and the prison commission and partly by operation of law (ex officio).

12. Wholly ex-officio

13. By the fiscal supervisor and one of his appointees and by superintendents who are not his appointees

14. By self-perpetuating bodies

15. By the court of appeals

16. By the supreme court

Purpose-to Prevent Responsible Leadership

If there was any doubt as to the lack of plan or purpose in developing methods of appointment, no further evidence is necessary to carry conviction. Moreover it is clear that the responsibility for this chaos rests largely upon the legislature in the absence of constitutional treatment. It is clear that the controlling consideration in the legislature in prescribing methods of appointment has not been to make the government responsible directly to public opinion or to make anyone responsible for leadership, for fidelity, or for efficiency and economy in carrying on the business of the state. It is equally clear that the dominant motives have been to prevent responsible leadership, to diffuse authority and to set one officer up against another so that no agent could have any power to do harm. However useful the constitution and the laws governing appointment may be as instruments of negation, there can be no doubt that they are wholly unadapted to meeting the increasing and changed demands made upon the government for service and for rendering efficiently the duties undertaken.


As in private employments, the determination of the qualifications and relative merits of persons who are available for employment or already in the service is a matter of primary importance. The difficulty of forming any genuinely helpful rules for guidance is great owing to the subtle human elements involved. Nevertheless there are certain general principles that may serve to guide. The first of these is that any

methods devised for determining ability and fitness must be adapted to the methods of choice imposed upon those who make the selection. A second is that it is necessary to differentiate between offices which are technical or routine in character and those which involve managerial discretion and the settlement of important matters of policy. A third is that facilities should be afforded for prompt removal of persons who show infidelity or who by a practical test or record of work done have shown incapacity.

Requirements of Elective Officers Fortuitous

Where officers are made elective, it is only natural that political considerations should determine the chief qualifications imposed. If offices requiring technical or professional training are filled by popular vote it sometimes happens that other considerations are entertained by constitution makers. In New York the following constitutional provisions govern the qualification and fitness of elected officers:

1. Citizenship and age-applicable to the governor and the lieutenant governor

2. Training and experience-applicable to the state engineer and surveyor (and to judges)

3. Residence-applicable to the governor and the lieutenant gov


The constitutional requirements are either unnecessary or are inadequate. For example, what reason can be advanced for prescribing in the constitution the qualifications of the state engineer, and omitting all mention of the qualifications of the attorney general and other officers who, to perform efficient service, must have professional training and experience?

Requirements of Appointed Officers and Employees Inadequate

Adopting the grouping above suggested, viz.: officers who have confidential, managerial or important discretionary powers and those whose duties are merely technical, professional, or routine in character, only two officers of the first group are named by the constitution—the superintendent of public works and the superintendent of prisons. In neither case are any qualifications prescribed. Although the constitution stipulates that the state engineer and surveyor who is elected by popular vote must be a practical civil engineer, it does not prescribe qualifications for the superintendent of public works, whose duties call for high technical and professional skill. When offices falling within the first group are created by legislative action, it is commonly the practice to leave the determination of qualifications and fitness of incumbents wholly to the officer empowered to select them.

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1-State Bd. Port Wardens

2-State Bd. Pub. Charities

3-Bd. Mgrs. West. Home Refuge Women (Albion) 4-Bd. Mgrs. Reformatory Women (Bedford) 5-Bd. Mgrs. Train. Sch. Girls (Hudson) 6-Bd. Mgrs. Indust. Farm Colony (Green Haven) 7-Bd. Mgrs. Train. Sch. Boys (Yorktown H'ghts) 8-Bd. Mgrs. Reform. Misdemeanants 9-Bd. Mgrs. Rome Custodial Asylum

10-Bd. Mgrs. Cust. Asy.F'bleminded Women (Newark) 11-Bd. Mgrs. Letchworth Village (Thiells) 12-Bd. Mgrs. Syr. Inst. F'bleminded Children 13-Bd. Mgrs. Craig Colony Epileptics (Sonyea)

14-Bd. Mgrs. Hosp. Care Crippled Children

15-Bd. Mgrs. Hosp. Treatment Incip. Tuberc.

16-Bd. Mgrs. Women's Relief Corps Home (Oxford) 17-Bd. Mgrs. Thomas Indian Sch. (Iroquois)

18-Bd. Mgrs. Utica State Hosp.

19-Bd. Mgrs. Willard State Hosp.
20-Bd. Mgrs. Hudson River State Hosp.

21-Bd. Mgrs. Middletown State Homeo. Hosp.

22-Bd. Mgrs. Buffalo State Hosp.

23-Bd. Mgrs. Binghamton State Hosp.

24-Bd. Mgrs. St. Lawrence State Hosp.

25-Bd. Mgrs. Rochester State Hosp.

26-Bd. Mgrs. Gowanda State Homeo. Hosp. 27-Bd. Mgrs. Mohansic State Hosp. 28-Bd. Mgrs. Long Island State Hosp. 29-Bd. Mgrs. Kings Park State Hosp.

30-Bd. Mgrs. Manhattan State Hosp.

31-Bd. Mgrs. Central Islip State Hosp.

1-Bd. Statutory Consolidation

2-Bd. Embalming Examiners

3-Bd. Exam. Feebleminded, Criminal, other Def.

4-Bd. Trust. Schuyler Mansion

5-Bd. Trust. State Sch. Agr. (Long Island.)

6-State Bd. Law Examiners.


1-Bronx Parkway Commn.

2-Workmen's Compensation Commn.

3-Commner. Index Session Laws

4-Commn. Fed. Legis. Alien Insane

5-Commn. Invest. Port Cond. N. Y. Harbor

6-Voting Machine Commn.

7-State Racing Commn.

8-N. Y. State Athletic Commn.

9-Commn. for Blind

10-Commn. Investigate Prov. Ment. Def.

11-Ketchum Memorial Commn.

12-Const. Conv. Commn.

13-Commn. Revise and Codify Tax Laws
14-25th N. Y. Vol. Cav. Mon. Comm.
15-Panama-Pacific Exp. Commn.
16-Treaty Ghent Commn.

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Prescriptions of Merit System Defective

The main body of appointed civil servants who fall, of course, within the second group mentioned above, are subject to the provisions of Art. V, Sec. 9, so far as qualifications and fitness are concerned. This article stipulates that:

Appointments and promotions in the civil service of the state *

shall be made according to merit and fitness, to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided, however, that honorably discharged soldiers and sailors from the Army and Navy of the United States in the late Civil War, who are citizens and residents of this state, shall be entitled to preference in appointments and promotions without regard to their standing on any list from which said appointments or promotions may be made. Laws shall be made to provide for the enforcement of this section.

Limited to "Examinations" as a Test for Promotion

It will be seen from the provision that the test of qualifications and fitness for appointment and promotion here established is, so far as practicable, that of the competitive examination. Experience under this constitutional requirement, while in many respects highly satisfactory, has raised grave doubts as to the desirability of limiting the judgment of comparative merits to the results of "examinations." The term "examinations" has usually been construed broadly by the courts to cover inquiries and tests which are not strictly in the nature of examinations as commonly understood; but in practice the term has often. been used narrowly. Inasmuch as there is an increasing tendency to rely on educational and professional training and practical experience in determining the qualification of candidates, the question is raised whether the language of the Constitution should not be made broader and at the same time more precise.

Gives Soldiers and Sailors Preference Without Regard to Standing

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Certainly there is grave doubt as to the desirability of injecting the proviso that certain soldiers and sailors shall be entitled to "preference in appointment and promotion without regard to their standing on any list. The welfare of the state is quite as much affected by efficient civil service as it is by honorable military service. Furthermore, honorable military service is no evidence of fitness or qualification for performing one or another of the hundreds of different kinds of civil service-many of which are highly technical in character and require for their efficient performance specialized training and cumulative experience. To incorporate in the constitution a provision such as this is destructive of the whole purpose behind the popular demand that led up to the adoption of the merit system, and it is only done for reasons other than the betterment of the public service. If soldiers and sailors are of equal competence with civilians, they need no preference. If they are not, the provi

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